Scott Holdings, Inc. v. FranLogic Scout Development, LLC et al

Filing 30

STIPULATION AND ORDER re 29 STIPULATION WITH PROPOSED ORDER filed by Scott Holdings, Inc. Case Management Statement due by 9/8/2017. Further Case Management Conference set for 9/15/2017 at 2:00 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on June 9, 2017. (wsn, COURT STAFF) (Filed on 6/9/2017)

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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C. Griffith Towle, State Bar No. 146401
[e-mail]
Sony B. Barari, State Bar No. 243379
[e-mail]
BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Law Corporation
One Embarcadero Center, Suite 800
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
FRANLOGIC SCOUT DEVELOPMENT, LLC,
ED SAMANE, LISA KORNSTEIN, HOWARD SOLOWAY,
and STEVE PRUITT
Peter A. Singler, State Bar No. 153922
Theo S. Arnold, State Bar No. 279862
Nathan Verbiscar-Brown, State Bar No. 286377
SINGLER PROFESSIONAL LAW CORPORATION
127 S. Main Street
Sebastopol, California 95472
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
SCOTT HOLDINGS, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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SCOTT HOLDINGS, INC., a California
corporation,

)
)
)
Plaintiff,
)
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v.
)
)
FRANLOGIC SCOUT DEVELOPMENT, LLC, )
a Pennsylvania limited liability company;
)
ED SAMANE; LISA KORNSTEIN; HOWARD )
SOLOWAY; STEVE PRUITT; and DOES 1-50, )
)
Defendants.
)
)

Case No. 3:16-CV-5317-JCS
__________
STIPULATION AND [PROPOSED]
ORDER CONTINUING CASE
MANAGEMENT CONFERENCE

Chief Magistrate Judge Joseph C. Spero
Courtroom G – 15th Floor

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This Stipulation is entered into by and among Plaintiff Scott Holdings, Inc. (“Plaintiff” or

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“Scott Holdings”) and Defendants Franlogic Scout Development, LLC (“Franlogic”), Ed Samane,

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-12576.000/1095436.1

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC
Case No. 3:16-CV-5317-JCS

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Lisa Kornstein, Howard Soloway, and Steve Pruitt (collectively, “Defendants”)(Plaintiff and

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Defendants, collectively “the Parties”), by and through their respective counsel.

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WHEREAS, at the initial Case Management Conference on December 16, 2016, the Court
referred the Parties to ADR for mediation to occur within ninety days;
WHEREAS, on February 6, 2017, counsel for the Parties met with the assigned mediator,
Tom Cohen, telephonically.

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proceeding in the Eastern District of Pennsylvania (the “Pennsylvania Action”). Plaintiff had filed

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a Motion to Dismiss that action and oral argument was to be heard on February 7, 2017. In light of

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the substantial impact resolution of the Pennsylvania Action would have on the instant

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proceedings, the Parties agreed to delay mediation until a ruling was issued on the Motion to

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Dismiss;

One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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At that meeting, the Parties discussed the concurrent litigation

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WHEREAS, on February 7, 2017, the court in the Pennsylvania Action heard oral

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argument and ordered the Parties to each file a supplemental brief addressing certain issues that

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had been raised at argument. The Parties’ briefs were filed on February 15, 2017, but as of this

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writing no ruling has been issued;

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WHEREAS, on May 18, 2017, counsel for Plaintiff was informed by Plaintiff’s local

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counsel in the Pennsylvania Action that the court there had requested a transcript of the oral

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arguments.

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Pennsylvania Action, the parties anticipate that a ruling is forthcoming;

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Although it is presently unknown when the parties will receive a ruling in the

WHEREAS, a Case Management Conference is currently set for June 16, 2017, with a
Case Management Statement due from the Parties on June 9, 2017;

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WHEREAS, the Parties agree that a 90-day continuance of the Case Management

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Conference will permit more efficient case management, will serve the interests of judicial

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economy, and will conserve the resources of the Parties and the Court;

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NOW, THEREFORE, pursuant to Civil Local Rule 6-2(a), the Parties hereby stipulate and
agree, through their respective counsel, as follows:

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-22576.000/1095436.1

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC
Case No. 3:16-CV-5317-JCS

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1.  

The June 16, 2017 Case Management Conference shall be taken off calendar, and

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rescheduled approximately ninety (90) days later on September 15, 2017, or

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another date that is convenient for the Court.

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2.  

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The deadline to file a Case Management Statement shall be continued to seven (7)
days prior to the new date for the Case Management Conference.

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IT IS SO STIPULATED.

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DATED: June 8, 2017.
BARTKO, ZANKEL, BUNZEL & MILLER
A Professional Law Corporation

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One Embarcadero Center, Suite 800
San Francisco, CA 94111
Phone [phone] • Fax [phone]

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By: /s/ C. Griffith Towle
C. Griffith Towle / Sony B. Barari
Attorneys for Defendants
FRANLOGIC SCOUT DEVELOPMENT, LLC,
ED SAMANE, LISA KORNSTEIN, HOWARD
SOLOWAY, and STEVE PRUITT

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DATED: June 8, 2017.

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SINGLER PROFESSIONAL LAW CORPORATION

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By: /s/ Nathan Verbiscar-Brown
Nathan Verbiscar-Brown
Attorneys for Plaintiff
SCOTT HOLDINGS, INC.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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June 9, 2017
DATED: _________________

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___________________________________________
THE HONORABLE JOSEPH C. SPERO
CHIEF MAGISTRATE JUDGE
-3-

2576.000/1095436.1

STIPULATION AND [PROPOSED] ORDER CONTINUING CMC
Case No. 3:16-CV-5317-JCS